Lawsuit against Cleveland police officer moves forward

June 12, 2013 at 2:09p.m.

CINCINNATI (AP) — A Cleveland man can move forward with his excessive-force lawsuit against a Cleveland police officer who used a stun gun on him while he was shirtless, unarmed and kneeling with his arms in the air.

A ruling today from the 6th U.S. Circuit Court of Appeals in Cincinnati turned down Officer James Simone’s request to have the lawsuit thrown out.

Simone had argued that using a Taser stun gun on Rafael Correa was appropriate, saying he was responding to a report of an armed suspect on May 15, 2010, and didn’t know if Correa had a gun.

Correa sued five months after being stunned for excessive force, false arrest and battery. He’s seeking a minimum of $75,000 in damages.